Asbestos Law and Litigation
Asbestos cases are a sub-class of toxic torts. This long-running mass injury involves thousands of claimants, as well as 8000 defendants.
Companies produced asbestos-containing products for many decades without disclosing the dangers of this toxic mineral. The negligence of these companies has caused asbestos victims to be harmed. Our lawyers assist these injured victims.
Claims
Asbestos is made up of fibrous minerals, which can cause serious health issues. This includes mesothelioma and asbestosis, lung cancer pleural thicknessening and scarring of the lung (pleural plates). In order to make an asbestos lawsuit it must be established that exposure to asbestos caused the injury or illness. An experienced attorney will evaluate your situation and determine if there's any basis for an action.
In accordance with the law, you are able to receive damages for both physical and emotional injuries. The amount that you can be awarded will vary from case to case. The average settlement for mesothelioma is between $1 million and $1.4 million. Your lawyer can negotiate with you to obtain the best compensation possible for your losses.
An experienced lawyer will know the complexities of asbestos law. They know how to investigate your case to determine if you suffer from an asbestos-related illness and if it was caused by your work exposure. They will also explain to you the various legal options available to you. They will explain the various options available to you, including workers compensation, trust funds, and litigation.
If you've been diagnosed with an asbestos-related illness it is essential to start a lawsuit as soon as possible. In some cases it could take years for an asbestos-related illness to develop following exposure. In addition, a workers' compensation claim may not be enough to compensate you for your loss.
Many asbestos victims are not aware that they can file a personal injury lawsuit against companies that are responsible for their exposure to asbestos. A knowledgeable attorney can help you file an asbestos lawsuit to get the justice you need.
While Congress has pondered a range of legislative remedies to address the asbestos litigation issue, none have been passed. In the absence a federal solution to asbestos litigation state courts are taking actions to protect their businesses as well as injured plaintiffs. For example, judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are establishing Pleura registries to move nonmalignant asbestos claims to an inactive docket until they are malignant. This ensures that the sickest plaintiffs are treated first and prevents overcrowding of the active docket. It also allows plaintiffs who have non-malignant diseases to sue later in the event of developing cancer.
Statute of limitations
The statute of limitations restricts the time frame during which a person is allowed to file a lawsuit for an injury or illness. It is different for each the state and the kind of claim. Mesothelioma patients must contact top lawyers immediately to protect their rights before the statute of limitation expires.
The law requires defendants take appropriate safety measures during the production and sales of asbestos-based products. If they fail to take such precautions they are accountable for any injuries that occur. In addition, they must issue a warning to workers and members of the public about the dangers of asbestos.
Asbestos companies could be held accountable for mesothelioma related injuries because of their negligence and inability to inform asbestos victims of the risks. They may also be held liable under strict liability and breach of implied warranties. The company is liable for failure to produce their products in a safe way to meet the purpose for which they were designed.
The majority of states have a "discovery" rule that says the statute of limitations "clock" doesn't start until the asbestos victim is aware of their injury or discovered it. This is especially important for asbestos cases due to the long latency period that is associated with mesothelioma as well as other asbestos-related illnesses.
There are Flower Mound asbestos lawyer , besides the statute of limitations, that could affect the way mesothelioma cases are handled. This includes the nature of the claim, the state where they reside as well as the location the location where they were exposed, and the location of the asbestos product manufacturers.
For example, some states have different statutes of limitations for personal injury and wrongful death lawsuits. There are exceptions or extensions in the law for those who have complex mesothelioma claims. In certain cases the victim's involvement in the military could be taken into account when submitting a claim to the court for mesothelioma. Many asbestos-related companies went bankrupt because of asbestos litigation, but the courts ordered them to put aside money in trust funds for those who were harmed by their products. Certain victims' statutes of limitations may be extended or waived in the event of a claim through an asbestos trust fund.
Discovery
A good asbestos lawyer will use the process of discovery to discover information that could be beneficial to a client. If handled by an experienced attorney, this tool can speed up the process of litigation and help settle cases more quickly.
The process of discovery is a key part of every mesothelioma case. Through it, attorneys must collect company documents, such as emails and records and also details about asbestos-related products that a defendant manufactured and sold. The discovery process involves speaking with the victim's coworkers, and also obtaining samples from their homes, workplaces and any other places where asbestos may have been present. Asbestos comes in a variety of forms, and lawyers must determine what kind of asbestos was used at a particular workplace to determine if that specific product was responsible for the illness of a client.
Companies that produce or sell asbestos-containing products are aware that their products can cause serious breathing issues. However, they continued to hide this information for years. It was only after asbestos workers started lawsuits against asbestos manufacturers that they were forced to disclose the company's records and admit they had been negligent.
Asbestos manufacturers and insurance companies often try to deny medical studies that prove an association between exposure to asbestos and mesothelioma, lung cancer and other diseases. In some cases this attempt to defame the research can result in the dismissal of mesothelioma claims. A strong asbestos lawyer, however, can prove that the defendant's actions were negligent or breached its legal duty to customers.
In addition to the normal negligence theory, mesothelioma patients may also bring a breach of implied warranty claim against companies that sell asbestos products. The breach of this obligation is based on the fact that asbestos, as many other substances, is innately dangerous. The plaintiff also has an expectation that asbestos-containing products performing as advertised and being safe for their intended use.
The discovery process can be long and frustrating, and it is easy to think that nothing is happening to your case. Your lawyer will be searching through the huge amount of documents that defendants have sent seeking evidence to strengthen your case.
Trial
A person who has contracted an asbestos-related disease may be able to recover damages from the companies who exposed them toxic substance. The law governing asbestos litigation covers issues such as strict liability, negligence and breach of implied warranties, and the proximate causes. A court could decide to award a plaintiff punitive damages in certain instances.
Asbestos lawsuits usually involve more than just one defendant. Many people who develop asbestos-related diseases like mesothelioma or lung cancer were exposed to asbestos in numerous locations. Mines, manufacturing plants and Navy ships are all examples. Asbestos litigation also involves settlements for class actions as well as the 20-50 year latency period for many serious diseases.
The first step in an asbestos-related case is to determine every possible source of exposure. This can require review of 40 or 50 years of work history as well as reviewing Social Security, union, tax, and other records.
A lawyer has to prove that the defendant breached their obligation to the plaintiff, by exposing them to asbestos, and that this breach caused the injury. This breach could be a direct result of exposure, or it could be indirect and result because of a company's decision not to inform its employees about the dangers of asbestos. A lawsuit may also contain allegations of emotional distress.
A jury may also award a plaintiff compensatory damages in the event of an injury. These damages may include medical bills and lost wages in the past and future, property damage, and discomfort and pain. The amount of compensation is different from case to case, however, victims need fair treatment and respect from the justice system.
Numerous legislative solutions have been suggested to cut down the cost of asbestos litigation. The most important proposal would transfer the responsibility of asbestos exposure-related companies onto bankruptcy trusts or other funds. This proposal has been rebuffed by both the affected and the company. A lawsuit is usually the most effective method to seek justice for someone who has been diagnosed with an asbestos-related illness. A lawyer with experience handling asbestos claims can aid victims and their families through this difficult process.